Final Report - Asian Development Bank

TA 4721-PRC: Preparing the Shaanxi-Qinling Mountains Integrated Ecosystem Management Project
Final Report Appendix 16
F. Compensation Standard for Land Acquisition and Resettlement Plan in the
Implementing Area
1. Policies and Principles
15. In accordance with legal regulations concerning land acquisition and relocation by the national
and local governments and guiding principles of ADB concerning relocation and resettlement, and
especially in order to carry out the construction of the Project, the Project shall be implemented in
adherence to improving or not lowering the production conditions and living standard of the affected
people. The affected residents are entitled to get compensations from the implementation party that
should help the affected residents to resume or improve the level of their income and life. In conformity
to the above principles, the Foreign Loan Office of Shaanxi Province, the executing unit, and Mt.
Qinling Botanic Garden of Shaanxi, the implementing unit, together with Shaanxi Provincial
Department of Land Resources and other related departments, draw out relative policies and
measures in respect of the Project as per the guidance and requirements of Decision on Furthering
Reform of Land Management of the State Council (Guofa [2004] No.28) and Notice on Printing the
Suggestions for Completing Compensation and Relocation System of Land Expropriation (Guotuzifa
[2004] No. 238) by the Ministry of Land Resources.
(i) Compensation shall be made in accordance with the actual condition of the
demolished houses, regardless of their ownerships, in order to ensure that the
demolished households can obtain the houses of the same structure and areas as
their demolished ones stipulated in RAP. According to the guide for house relocation
settlement and the structure and type of houses, the people affected by demolishment
shall be compensated directly, and their previous houses shall not be depreciated;
besides, the affected residents are entitled to the construction materials of their
previous house.
(ii) For villagers who lose their houses, the village and township government shall allocate
land bases for them to build houses by themselves with the assistance of
compensation fees and house removal fees; or they can ask the village and township
government to build the house. No matter which way of rebuilding is adopted, the
house cannot be demolished until the demolished households have removed to their
new houses.
16. In accordance with the assessment and approval of the real estate management bureaus of
the county or the city, the compensation standard is as shown in Table 4 below.
Unit: CNY/m 2
Type Brick and
Concrete
(m 2 )
Table 4: Housing Compensation Standards
Brick and
Wood (m 2 )
Earth and
Wood (m 2 )
Simple (m 2 )
Standard 520 450 350 150
17. As to the illegal temporary constructions, only appropriate sum of removal fee shall be granted
for timely demolition.
2. Affected Land Compensation Standard
18. Standard for land compensation fee and relocation subsidy – In line with the spirit and
requirement of the Decision on Furthering Reform of Land Management of the State Council and the
Notice on Printing the Suggestions for Completing Compensation and Relocation System of Land
Expropriation (Guotuzifa [2004] No. 238) released by the Ministry of Land and Resources, land
compensation fee and relocation subsidy shall be calculated according to the legal maximum of the
summation of both land compensation fee and relocation subsidy, namely, totally 30 times of the
average output of the land within the project area in the first three years since the land is expropriated.
The young crops compensation shall be calculated according to the maximum of 40% to 90% of the
average output of the land with damaged young crops in the first three years. Compensation for
orchard, residential base and barren land shall be calculated according to the Implementation of ‘Land
5